In a collective order, the Supreme Court has struck down on the National Judicial Appointments Commission (NJAC) law meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary.
A Bench of five judges of the SC held the 99th Constitutional Amendment Act and the NJAC Act 2014 “unconstitutional and void”.
The Bench struck down on the government’s arguments that the question of validity of the NJAC and the 99th Constitutional Amendment should be referred to a larger Bench in light of the two ‘Judges Cases’ of 1993 and 1998.
Meanwhile, Law Minister D V Sadananda Gowda said,”Surprised by the verdict of the Supreme Court. NJAC was completely supported by Rajya Sabha and Lok Sabha; it had 100 per cent support of the people.”
Speaking at a press conference later in the afternoon, Attorney General Mukul Rohatgi said, “It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments. It is inappropriate to revive the Collegium system. This judgment is not a case for review. The Parliament may take a call, I cannot speak for them.”
“The SC is giving a message that the power is with them,” senior advocate Harish Salve said on the apex court scheduling a hearing on November 3 to “improve” the Collegium system.
The NJAC Act was meant to replace the two-decade old collegium system of judges appointing judges in higher judiciary. The SC rejected the plea of Centre that the petition challenging NJAC Act be referred to a larger Bench.
The parliament had unanimously voted in favour of the NJAC law and the Constitutional Amendment. The latter was then ratified by 20 State Assemblies and had received the Presidential assent.
One of the contentious provisions of the new law was the inclusion of two eminent persons to the NJAC which included Chief Justice of India, two senior most judges of the apex court and the Union Law Minister.
I am disappointed. As someone in the parliament said this is the tyranny of the unelected over the elected: KTS Tulsi
The SC is giving a message that the power is with them: Senior advocate Harish Salve
It is a flawed judgment ignoring the unanimous will of the Parliament, half the State Legislatures and the will of the people for transparency in judicial appointments: Attorney General Mukul Rohatgi
DOES THE PARLIAMENT OF INDIA HAVE BALLS ?
THE SUPREME COURT HAS BROKEN THE LAW – WE EXPECT THE ELECTED EXECUTIVE TO PUNISH THEM.
WHY IS THE FOREIGN ZIONIST JEW (NEW WORLD ORDER) CONTROLLED MEDIA CELEBRATING ?
Recently we had some Judge rule that Govt officials must send their children to Govt schools –with a DEADLINE .
Where is the law for that ?
Or can you show constitutional provisions for you to change any law arbitrarily ?
THERE ARE SOME NATIONS ON THIS PLANET WHERE EACH AND EVERY JUDGE IS APPOINTED BY ZIONIST JEW BIG BROTHER .
WHERE IS INDIA GOING ?
A EX-OPIUM DRUG RUNNING FREE MASON LODGE (REMOTE CONTROLLED FROM ISRAEL ) RULING INDIA , LEVERAGING SOLD OUT JUDAS JUDICIARY AND THEIR APNAICH OWNED MEDIA ?
THIS IS HAPPENING AROUND THE WORLD – NEVER EXPECTED THIS TO BE BULLDOZED INTO INDIA.
A SINISTER INDIAN VERSION OF BILDERBERG CLUB ?
WHY VOTE ?
WHY HAVE A NAPUNSAK PARLIAMENT AND AN IMPOTENT EXECUTIVE ?
National Judicial Appointments Commission (NJAC) was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India.
The Commission was established by amending the Constitution of India through the ninety-ninth constitution amendment vide the Constitution (Ninety-Ninth Amendment) Act, 2014 passed by the Lok Sabha on 13 August 2014 and by the Rajya Sabha on 14 August 2014.
The NJAC would have replaced the collegium system for the appointment of judges as invoked by the Supreme court via judicial fiat by a new system. Along with the Constitution Amendment Act, the National Judicial Appointments Commission Act, 2014, was also passed by the Parliament of India to regulate the functions of the National Judicial Appointments Commission.
The NJAC Bill and the Constitutional Amendment Bill, was ratified by 16 of the state legislatures in India, and subsequently assented by the President of India Pranab Mukherjee on 31 December 2014. The NJAC Act and the Constitutional Amendment Act came into force from 13 April 2015.
On 16 October, 2015 the Supreme Court upheld the collegium system and struck down the NJAC as unconstitutional after hearing the petitions filed by Supreme Court Advocates on Record Association (SCAORA) and others.
The Supreme Court of India’s collegium system, which appoints judges to the nation’s constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments which are collectively known as the Three Judges Cases.
Over the course of the three cases, the court evolved the principle of judicial independence to mean that no other branch of the state – including the legislature and the executive – would have any say in the appointment of judges. The court then created the collegium system, which has been in use since the judgment in the Second Judges Case was issued in 1993.
There is no mention of the collegium either in the original Constitution of India or in successive amendments. Although the creation of the collegium system was viewed as controversial by legal scholars and jurists outside India, her citizens, and notably, Parliament and the executive, have done little to replace it.
The Third Judges Case of 1998 is not a case but an opinion delivered by the Supreme Court of India responding to a question of law regarding the collegium system, raised by then President of India K. R. Narayanan, in July 1998 under his constitutional powers.
Further, in January 2013, the court dismissed as without locus standi, a public interest litigation filed by NGO Suraz India Trust that sought to challenge the collegium system of appointment.
THE INDIAN CONSTITUTION HAS NOT GIVEN THE JUDICIARY ANY POWER, OTHER THAN TO JUDGE A CASE PRESENTED TO THEM.
THEY DO NOT HAVE THE POWER TO LEGISLATE , POLICE OR EVEN GIVE THEIR OPINIONS ON MATTERS OF CULTURE.
WE KNOW WHY THE INDIAN JUDICIARY TOES BIG BROTHERs LINE FOR CLIMATE CHANGE.
THE INDIAN JUDGES CROSS THE LAMAN REKHA EVERY WHICH WAY.
THEY TAKE ON THE ROLE OF THE ELECTED EXECUTIVE AND THE LEGISLATURE..
WHO HAS ALLOWED INDIAN JUDGES TO CREATE THEIR OWN LAWS AND ENFORCE IT BY POLICING?
WHO HAS ALLOWED INDIAN JUDGES TO BLOCK THE DUTY OF INDIAN SECURITY AGENCIES WHO ARE SWORN TO PROTECT BHARATMATA IN SECRECY ?
WHY IS MODI ALLOWING EXTREME JUDICIAL ADVENTURISM AGAINST THE TENETS OF THE INDIAN CONSTITUTION?
WE KNOW WHO THESE JUDGES ARE– WE KNOW WHO THEY WERE , WHEN THEY WERE ORDINARY LAWYERS –
THE RETIRED COURT CLERKS AND CURRENT LAWYERS ( COLLEAGUES ) TELL JUICY STORIES ABOUT THEM .
TODAY THESE SAME JUDGES ACT LIKE HONOURABLE MESSIAHS.
When legislature enacts a law and the executive enforces the same, the judiciary has to play its role as the interpreter of the Constitution so that the law is in congruence and in consonance with it.
Judiciary has NO right to be 3 in 1- are they so immature to usurp the powers of both legislature and elected executive ?
Who the hell is judiciary to tell india, that LIVING TOGETHER WITHOUT MARRIAGE is a normal thing ?
If this is their opinion do NOT shove it down Bharatmata’s throat.
We indians do NOT want the judiciary to be the watch dog– the Indian constitution does NOT have such a provision.
If all judges have integrity we would love this –but we know the judges who are on the payroll of BIG BROTHER.
Before independence almost all Indian judges were slaves of Jew Rothschild.
Even today we know who the Freemasons are –rubbing shoulders with unwanted sinister people over cocktails.
Judicial review of executive or legislative actions is NOT like judicial review of lower judicial court actions.
The judiciary can only interfere if the actions of the elected executive / legislature is UNCONSTITUTIONAL.
The judicary has NO right to go against our ancient culture — that a Muslim must eat pork or a Hindu must bury his dead kin.
The Indian constiution has never ever envisaged a scenario where the judiciary gives FIATS, FATWAS and DIKTATS day after day.
They are just NOT qualified enough –leave alone being empowered .
WE CANNOT HAVE A DEMOCRACY WHERE THERE ARE NO CHECK AND BALANCES.
WHO HAS EVER TOLD THE JUDICIARY THAT THEY ARE THE SOLE GUARDIANS OF THE CONSTITUTION?
WHERE IS IT WRITTEN ?
ARE THESE MELORDs DREAMING THIS UP ?
WHEN WAS THE JUDICIARY LAST SEEN TO BE IN HARMONY WITH ELECTED EXECUTIVE / LEGISLATURE ? THEY ALWAYS HAD A CHIP ON THEIR SHOULDER, RIGHT?
WHY HAS THE JUDICIARY NEVER TOLD A SINGLE THING AGAINST THE ENDLESSLY RABBLE ROUSING BENAMI MEDIA, WHO DELIVER NEWS WITH QUESTION MARKS AT THE END OF EACH SENTENCE- AND DRIVE FISSURES INTO SOCIETY HOUR AFTER HOUR ?
The judiciary cannot approve the wisdom or run down the lack of wisdom of any legislative policy, nor can it speed or retard its expediency.
Judiciary can only step in if the legislation is NOT in conformity with or contrary of the provision of the Constitution.
I suspect the whole problem boils down to maturity– in the past when the judiciary struck down the legsilature/ elected executive–they have NOT made it abundantly clear to their own juniors that it was NOT a case of superiority at all –
–but in consonance with section number so and so of the Indian constitution–that they are just discharging their own constitutional duties and the majesty of the law
THE CONSTITUTION DOES NOT ALLOW THE JUDICIARY TO TAKE AN ACTIVIST APPROACH LIKE THE BENAMI MEDIA..
TWO OUR PILLARS ARE NOW CORRODED , UNDER THE INFLUENCE OF THE NEW WORLD ORDER.
A LITTLE BIT FRICTION BETWEEN JUDICIARY / ELECTED EXECUTIVE AND LEGISLATURE ( CHECK AND BALANCES HEALTHY TUSSLE ) IS WELCOMED BY THE INDIAN CITIZEN –
–WHO THEN RESTS IN THE GUARANTEE, THESE THREE ARE NOT IN CAHOOTS- TO SCREW THE WATAN.
WE WANT SWEARING IN OATHS TAKEN BY TOP PEOPLE LIKE PM / PRESIDENT TO BE TO THE WATAN, AND NOT TO THE CONSTITUTION.
WHY HAS THE JUDICIARY NEVER TOLD A WORD AGAINST THE LONG PERIODS OF DETENTION OF UNDERTRIAL PRISONERS TILL A BLOGGER TOOK UP THE MATTER?
IS A RICH INDIAN MORE EQUAL TO THE JUDICIARY THAN A POOR INDIAN ( WHO CANNOT AFFORD BAIL AND A LAWYER )
WHY HAS THE JUDICIARY NOT REIGNED IN THE BENAMI MEDIA WHO TRIGGER RIOTS IN INDIA BY UNWARRANTED AND IRRELEVANT REPORTING – BY MAKING MOUNTAINS OUT OF MOLEHILLS ?
HAVE THEY EVER FOUND OUT WHO REALLY OWNS OUR INDIAN MEDIA ?
We Indians have woken up !
We will NOT allow judges to enter the fields constitutionally earmarked for the legislature and the executive.
Who is a judge to say that CHAMIYA BARS must be REstarted in Mumbai?
Who is he to say ANAL SEX is normal ?
Judges can NEVER EVER be legislators, as they have neither the mandate of the people nor the practical wisdom or the exposure to understand the needs of different sections of society and areas of the land.
This is why we have 552 seats in the Lok Sabha –unity in diversity.
The waitress sullied the Lok Sabha by issuing party whips for every small thing .
Only a secret Lok Sabha ballot works .
This Rothschild method of I THINK THE AYES HAVE IT –is nonsense !
Our Rajya Sabha has desh drohi elements.
Foreign agencies give unlimited money by bribes to get a critical bill VETOED.
We know the cash for votes scam, right ?
WE THE PEOPLE who are above the constitution will NOT allow judiciary to remove their judicial wigs and don the hard hats of administrators .
When did the constitution ever envisage a role for Judges to manipulate governmental machinery by remote control?
While interpreting the provisions of the constitution, the judiciary ( often from the clan of Rothschild’s Opium drug running agent sect ) often rewrites them without explicitly stating so.
As a result of this process some of the personal opinions of the judges ( without Indian DNA ) crystallize into legal principles and constitutional values.
Long ago Bharatmata allowed immigrant races into India so that they can survive.
Today their ungrateful descendants try to screw Bharatmata.-OK–we know they hold an Indian passport–but they do NOT have Indian DNA to trample on our ancient culture and values.
On 19 October 2012, CJI Altamas Kabir granted bail to terrorist Syed Mohammed Ahmed Kazmi, arrested for his alleged involvement in the Israeli embassy vehicle blast case in which an Israeli diplomat’s wife was injured.
Pronouncing the order, Justice Kabir said, “We are unable to appreciate the procedure adopted by the Chief Metropolitan Magistrate, which has been endorsed by the High Court and we are of the view that the appellant (Kazmi) acquired the right for grant of statutory bail on July 17, 2012, when his custody was held to be illegal by the additional sessions judge.”
On 18 July 2013, i.e. the day of his retirement, a bench headed by Justice Altamas Kabir has quashed NEET for Medical College entrance.
So we Indians must continue going to doctors who got their MBBS by paying 85 lakh donation (management quota is alleged to be easy if you convert to Christianity ) rather than merit.
Supreme Court collegium had stalled Justice Kabir’s move to appoint a SC Judge just before his retirement.
TODAY THE JUDICIARY HAS FORGOTTEN THAT THEIR PRIMARY FUNCTION IS TO INTERPRET THE LAW. AFTER THEY GIVE A RULING, THE POLICE MUST PUT THE CRIMINAL IN JAIL–THIS IS A SYSTEM .
THE SYSTEM BREAKS WHEN THE JUDGES HAVE THEIR OWN ARMED MERCENARIES TO PUT THE CRIMINAL IN THEIR OWN PRIVATE JAILS –
THIS IS THE BULLSHIT HAPPENING IN INDIA TODAY ( EQUIVALENT !!! ).
DON’T MAKE ME SAY ANYTHING MORE.
Article 21 of the Constitution of India provides that no person shall be deprived of its life and liberty except according to the procedure established by law..
This does NOT apply to black mamba snakes fed by foreign milk whose is hell bent on biting Bharatmata.
There are security agencies whose staff are more loyal to Bharatmata and have better character , than these lawyer turned judges.
In 2007, Altamas Kabir dismissed the plea that activist Medha Patkar was working for foreign powers.
INDIAN CONSTITUTION DOES NOT PROTECT FOREIGN SPONSORED AND FUNDED DESH DROHIS– MOST OF THEM RUN TROJAN HORSE NGOs -THEY CAN PRODUCE ANY AMOUNT OF FALSE WITNESSES OUT OF THIN AIR IN COURT..
We know the covert procedure how Supreme court judges are made – let us NOT discuss this.
When Indira Gandhi wanted to nationalize the foreign banks we know how Rothschild controlled International Zionist Banksters influenced the Indian judges .
Finally they used Zionist Jew funded Khalisani Sikhs and murdered her, with BBC standing witness.
BBC announced the death even before we could get PLAN B out.
WHO IS A JUDGE TO SAY THAT GM FOOD IS GOOD FOR INDIA?
Today the Indian Judiciary has lost their respect- nay honour– calling a Judge YOUR HONOUR is now a joke–because the common Indian on the street knows that a mere judge cannot legislate.
It is better that 552 elected MPs legislate , than 3 judges out of which 2 are in the payroll of BIG BROTHER.
Karunanidhi had his own pet dalit Judge Ashok Kumar who cried when his master in the shadows was arrested–
“ IS YOUR HEART MADE OF MUSCLE OR MUD “
A judge is NOT trained to administrate – as simple as that.
He was a lawyer before , the bottom dreg , of the cerebral barrel at school.
When did the Judiciary ever show a vestige of ACCOUNTABILITY to WE THE PEOPLE OF INDIA who are above the constitution ?
We had enough of EMINENT retired Judges from the ex-opium drug running agent clan of Rothschild giving us BULL on prime time TV.
When the judiciary is guilty of EXTREME overreach ( INTERLINK ALL INDIAN RIVERS BEFORE SO AND SO DEADLINE ) , only a a constitutional amendment can intervene.
Even today, the only mode of removal of judges as prescribed in the constitution is impeachment.
The elected executive must impeach at least one ROTTEN judge to provide a warning– about the virtues of accountability.
This new whiff of of accountability will force the the RECKLESS judiciary to watch its step and exercise maturity and self-restraint.
Maturity lies in understanding this sentence : QUOTE : Judicial power is potentially no more immune from vulnerability to abuse than legislative or executive power but the difference is this: the abuse of legislative or executive power can be policed by an independent judiciary but there is no effective constitutional mechanism to police the abuse of judicial power :UNQUOTE
At the drop of a hat a judge is quick to invoke CONTEMPT OF COURT .
PM Modi has been called MERCHANT OF DEATH by a Italian waitress — there is NO problem.
But hey, you have to grovel before a Judge , lest he charges your for contempt.
At sea we had this punishable rule of DISPLAY OF CONTEMPT TOWARDS CAPTAIN .
I was the first ship captain to object , as I have seen good loyal sailors being victimized by DRUNKARD traitorous Captains. This rule is now defunct.
CONTEMPT OF COURT POWERS OF MELORD MUST NOW BE ABOLISHED FOR GOOD , USING THIS INCIDENT AS A SPRING BOARD .
TELLING THE TRUTH, TO SAVE BHARATMATA IS NOW DEFAMATION AND HATE SPEECH — MIND YOU WE HAVE JUST COME OUT OF 800 YEARS OF SLAVERY .
THE SITUATION IN INDIA HAS NOW OVERTAKEN THE SIX MILLION JEWS JOKE .
YET IF YOU DONT CALL A JUDGE MELORD – HE WILL TRY TO PUT YOU IN JAIL FOR CONTEMPT OF COURT .
FOREIGN FUNDED DESH DROHIS ARE RUNNING WILD IN INDIA .
BENAMI MEDIA BARONS WITH NIL LOYALTY TO THE WATAN, RUN THEIR OWN TROJAN HORSE NGOs TO TRIGGER RIOTS.
DESH BHAKTS CANNOT DARE TO EXPOSE DANGERS THE WATAN IS FACING .
JUDICIARY SET THE BAIL LIMIT OF TEN THOUSAND CRORES FOR THE SAHARA SUBRATA ROY ( A DESH BHAKT , INDIAs SECOND LARGEST EMPLOYER AFTER RAILWAYS ) CASE .
OUR CONSTITUTION AND OUR LAWS DO NOT ALLOW THIS .
WE NEED TO PULL DOWN THE PILLAR OF JUDICIARY AND ERECT IT AGAIN, USING JURY SYSTEM .
Our judiciary is too slow- yet they want everybody else to speed up .
We need to abolish the ridiculous MELORD culture and contempt of court system – are they emperors or gods ?
In USA contempt of court , long ago fell foul of the 1st Amendment and is dismissed as ‘ English foolishness’ – it was contempt against a JEW ROTHSCHILD APPOINTED JUDGE actually .
In UK there is NO contempt of court since since the 1930s–and was formally abolished a year ago .,
The power to punish for contempt was necessary to “secure public respect and confidence in the judicial process”–but in India WE THE PEOPLE who are supreme , do NOT have the respect anymore .
We must bring back the JURY SYSTEM which was abolished after justice was hijacked by RK Karanjia to save a fellow Parsi naval commander Nanavati, who killed his white wife’s lover Ahuja– which also catapulted the lawyer of Ahuja , Ram Jethmalani to the national stage . .
ARE THE JUDGES GOD — AS PER INDIAN CONSTITUTION ?
How often you have head on TV , big cats , even an ex-CJI coming on TV and saying on prime time, “ The case if SUB-JUDICE , I cannot comment “ ( or—you cannot comment ).
Is this the knowledge of a Judge ?
Most Supreme court lawyers and judges do NOT know the meaning of the term Sub-judice. — for it does NOT apply to India at all–where we do NOT have a JURY system .
This term SUB-JUDICE is NO longer applicable in India for the past half a century.
TODAY WE SEE A SCENARIO THAT THE JUDICIARY AND THE BENAMI MEDIA ARE HAND IN HAND –
IS THIS GOOD FOR BHARATMATA ?
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